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Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

Rape charge against ex. Do I have to allow my medical notes to be released?

30 replies

MsPunky · 11/02/2015 18:10

Before I report my ex to the police I spoke to my GP about the rape.

The police want to have my medical notes. I gave permission but now I've found out that as this would be evidence my ex's legal team will have to be given a copy of my notes. This means my ex will see them too. I feel sick at the thought of him seeing what I said.

Do I have to let them be released? Will it undermind my case if I don't?

Why does it feel like I'm the one being investigated!!!? I'm not even allowed proper counselling until after the court case in case the defence say I've been coached in what to say! The implication being that I might lie in court!! The system is so wrong.

OP posts:
Summerbreezer · 11/02/2015 23:03

prior convictuons are rarely used in court as that would not be giving him a fair trial.

This isn't really true. The prosecution can apply to admit previous convictions under several "gateways". The most common one is, in summary, that the previous convictions make it more likely he has committed the crime he is on trial for.

So for example, if your ex had sexually assaulted a woman previously, that would perhaps show a propensity to commit sexual offences, and thus assist the prosecution case.

In your case, it is difficult to see how possessing indecent images of children makes it more likely he assaulted you - although both hideous offences, they are quite different in nature.

MyRightFoot · 11/02/2015 23:08

hi summer u gave me some great advice last year under my old name. i understand what you are saying but didnt want to overload op with info.

Summerbreezer · 11/02/2015 23:08

The thing that scares me the most is what the defence might ask me in court. I know they can be brutal.

The fear is usually worse than the reality here. Think of it from my point of view, if I am defending someone. If I attack you, am rude to you, make you cry - are the jury likely to find for my case? No. It is not in my interests to upset you.

Likewise, why as a defence barrister would I mention your anxiety/depression? Surely that would make the jury believe you even more - when they see the effect this event had on you. I would personally want to keep that very quiet as a barrister.

If the barrister is rude to you, the judge will intervene. A skilled barrister can cross examine very effectively without upsetting a witness.

Of course, Chris Grayling wants rid of criminal barristers and all our expertise, so the job can be done by less qualified people who don't know what they are doing, but that is another rant for another day.

Summerbreezer · 11/02/2015 23:10

No worries, MyRightfoot. I am really sorry things didn't work out they way they should have in your trial.I hope you feel proud that you stood up to him and that things are improving for you Flowers

MyRightFoot · 11/02/2015 23:32

hi summer he is out of my life for good thank you. i actually got into my stride giving evidence and after the first 10 minutes the shaking stopped. but you are talking from a different perspectve. to not be believed is a victims main fear. continually being told by his defence that you are a liar is just so painful. having your most intimate texts read out in front of a room of strangers is mortifying. but it would all have been worth it if he was found guilty. quite honestly i wish id kept my mouth shut and paid someone to kneecap him.

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